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In denying a request for attorneys' fees in an action involving the enforcement of a declaration of easements and restrictions, the trial court found the phrase "costs and expenses" in that declaration does not include recovery of attorneys' fees. The trial court is affirmed.

James Lee Deaton, Assistant Public Defender, Dandridge, Tennessee, for the Appellant, Scott Clevenger.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Elaine Wilber, Assistant Attorney General; and Tonya D. Keith, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Scott G. Clevenger, was convicted by a Grainger County jury of one count of aggravated sexual battery, one count of rape of a child, and two counts of incest. He was subsequently sentenced to consecutive sentences of nine years for aggravated sexual battery, twenty- five years for rape of a child, six years for one count of incest, and ten years for the second count of incest, resulting in an effective sentence of fifty years. On appeal, Clevenger raises the single issue of "whether the statements by the [Appellant] should be suppressed because the [Appellant] did not knowingly waive his rights as required under Miranda prior to interrogation." Because the record reveals that no motion for new trial was filed in this case, the issue is waived. See Tenn. R. App. P. 3(e). Moreover, we conclude that the issue does not rise to the level of plain error. Accordingly, the appeal is dismissed.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Willie Rena Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Jerry Graves, was convicted by a Knox County jury of first degree felony murder and especially aggravated robbery and received sentences of life and twenty-three years. He seeks post- conviction relief, contending that his trial counsel was ineffective. On appeal, he argues that the trial court erred in denying post-conviction relief because his trial counsel was ineffective in adopting a self-defense strategy at trial. We affirm the judgment of the trial court.

FBI Director Robert Mueller told the Senate Judiciary Committee Wednesday that the FBI had improperly used national security letters in 2006 to obtain personal data on Americans during terror and spy investigations. Mueller told the committee that the privacy breach by FBI agents and lawyers occurred a year before the bureau enacted sweeping new reforms to prevent future lapses.

New sentencing guidelines that reduce prison terms for crack-related crimes could result in freedom soon for as many as 10 prisoners and eventually for about 100 others in Middle Tennessee who may be eligible for early release under the new federal rules.

Memphis lawyer Gregory Siskind is featured in the March issue of the ABA Journal for his foresight in creating an immigration law practice using the internet as the primary marketing tool. When he started in 1994 the internet was only seen as a high-tech toy for college students, and, he recalls, "immigration was not a hot issue and no one thought it would generate enough work."

"Everyone deserves a second chance, and this is what drug court did for me," one graduate of the Coffee County Juvenile Drug Court said, She is now a high school graduate and has been off drugs for 409 days, she said.

As more people and businesses hit hard times, more bankruptcy lawyers are prospering. In the first two months of this year, 18 big U.S. companies with liabilities over $12.4 billion filed for bankruptcy, double the number in the same period last year. "A year or two ago, perhaps 5 percent of firms would say they're thinking about adding bankruptcy attorneys," said Jon Lindsey, managing partner of an executive placement firm. "Now it's about 85 percent."

U.S. District Judge Eduardo C. Robreno levied sanctions of more than $29,000 on a lawyer and his client because during a deposition the client used constant vulgar language and insults, and his lawyer failed to rein him in. Robreno noted that Wider used the "F word" or variations of it 73 times during the deposition and that a video shows his lawyer at one point "snickered" at the conduct.

Former Knox County Clerk Mike Padgett officially opened his campaign for the Democratic nomination for the U.S. Senate Tuesday night. Padgett, who served 20 years as clerk until term-limited in January 2007, will face Nashville lawyer Bob Tuke in the Aug. 7 primary to win a chance to take on incumbent Republican Lamar Alexander.

Nashville attorneys Mike Stewart and Eric Stansell, the only announced candidates for House District 52, were likely glad to hear State Rep. Rob Briley's announcement yesterday that he will not seek re-election. NashvillePost.com reports this afternoon that Stewart has already raised $50,000 for his campaign.

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